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(영문) 광주지방법원목포지원 2020.08.07 2019고단1293
사기등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 3, 2019, the Defendant: (a) on August 3, 2019, on the part of the Defendant: (b) on the part of the Victim D (Nam, 45 years old); and (c) on the part of the Defendant, on the part of the E-si located in the C-si B, the Defendant was committed as if he did not have the intent to pay the price and

The Defendant, by deceiving the victim as such, received taxi riding from the victim to the front road of the F apartment Gdong at the time of Mapopo-dong, but did not pay 11,800 won of the price, thereby obtaining pecuniary benefits equivalent to the above money.

2. On August 3, 2019, the Defendant injured the victim, by hand, on the ground that the said victim demands taxi expenses on the front side of the F apartment Gdong in Mapopo-si on August 22:50, 2019, the Defendant suffered bodily injury, such as cutting the body of the victim’s head, and cutting the body of the victim’s face at two times, requiring treatment for about 21 days, by considering the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A receipt, a report on internal investigation (Submission of an injury certificate), and a medical certificate of injury;

1. Application of Acts and subordinate statutes to a report on the occurrence of an assault, report on internal investigation related to the assault, report on investigation, and report on the video of a boomor;

1. Relevant Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Fraud) (Fraud) (Fraud) fraud: In cases of fraud [Type 1] below KRW 100 million (Special Convicted Person] mitigation element: In cases of a failure to punish a person or a significant damage therefrom (in the area of recommendation and the scope of recommendations), reduction area, imprisonment with labor for one month or one year;

(b) A general injury [Class 1] general injury (special person) (including a person who has committed a serious effort to recover damage) or considerable part of a punishment (including a serious effort to recover damage).

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